Parents may have a hard time controlling their emotions when they talk with each other. They may fight over issues because of their intense emotions. Some of the decisions that parents make are minor and have limited long-term consequences. Other times, parenting decisions have major implications. What school the children attend can affect everything from their social networking opportunities to their likelihood of securing enrollment at a competitive college.
What happens when parents who share custody disagree about what school their children should attend?
Parents may share legal authority
It is commonplace for family law judges hearing custody cases to grant both parents similar rights and responsibilities. Frequently, shared custody requires that parents cooperate by not just sharing parenting time but also communicating regularly about their children. Both parents usually have the authority to make decisions during their parenting time.
However, they have to cooperate when making significant decisions. Frequently, custody orders prioritize the maintenance of the status quo for a family. The goal is to keep the children connected to their social support networks and make life predictable for them.
In some cases, one parent might decide that moving the children to a private school or to the school near their new home is better than keeping them enrolled at their current school. Typically, both parents have to agree on that decision if they share legal custody.
Occasionally, the custody order might indicate that one parent has the final decision-making authority for certain choices. If either parent has final authority for educational matters, they can invoke that when addressing school enrollment. In most cases, parents who share legal custody or decision-making authority must negotiate the matter with one another until they reach a decision on which they both agree.
If the parents truly cannot agree on where their children should attend school, then they may need to return to family court. A family law judge can make decisions for the family based on what they believe may be in the best interests of the children. They may consider pre-existing relationships as well as future opportunities when deciding whether the children should switch schools at the behest of one parent.
Understanding how the state handles contentious shared custody matters can be beneficial for parents. Cooperating with one another is often the best option available, but parents can take matters to court if doing so might be best for their children.